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JACKSON HYDROELECTRIC PROJECT <br /> SETTLEMENT NEGOTIATIONS <br /> CONFIDENTIALITY AGREEMENT <br /> CONFIDENTIALITY AGREEMENT("Agreement") made this 25th day of February and <br /> covering the period from the date of January 8, 2009 through termination of this agreement, by <br /> and among the Tulalip Tribes of Washington ("Tribe"), Public Utility District No. 1 of <br /> Snohomish County("District"), City of Everett("Everett"), National Marine Fisheries Service <br /> ("NMFS"), U.S. Fish and Wildlife Service("USFWS"), U.S. Forest Service ("USFS"), <br /> Washington Department of Ecology ("WDOE"), Washington Department of Fish and Wildlife <br /> ("WDFW"), Snohomish County ("County"), American Whitewater, and City of Sultan <br /> ("Sultan") (collectively "Participants"). <br /> WHEREAS, <br /> A. The District and Everett are currently the Federal Energy Regulatory Commission <br /> ("FERC") co-licensees for the Henry M. Jackson Hydroelectric Project, FERC Project <br /> No. 2157 ("Project"), located on the Sultan River in Snohomish County, Washington; <br /> B. The existing FERC license for this project expires on May 31, 2011; <br /> C. The District intends to obtain a new FERC license for Project and be the sole licensee <br /> under the term of a new license; <br /> D. As part of the Integrated License Process ("ILP") for the relicensing of the Project, the <br /> Participants will engage in discussions, and seek agreement on Protection, Mitigation and <br /> Enhancement measures (PM&Es) to resolve issues presented by the relicensing of the <br /> Project, including but not limited to issues pertaining to the mandatory terms and <br /> conditions to be submitted under the Federal Power Act, and to WDOE's issuance of the <br /> 401 Certification (these discussions are collectively referred to as "Project License <br /> Settlement Negotiations"); and <br /> E. Many of the Participants are government entities who support the spirit and letter of the <br /> applicable federal and state public disclosure laws. Consistent with those laws, this <br /> Confidentiality Agreement was narrowly drafted to balance general open government <br /> with the limited need to protect truly Confidential Information in the context of legal <br /> settlement negotiations. <br /> Now,THEREFORE, the Participants hereby agree as follows: <br /> 1. As used herein: <br /> "Information" is defined as communications or data, in any form, including but not <br /> limited to oral, written, graphic or electronic form. <br /> "Confidential Information" is defined as information not generally available to the public <br /> that a Participant reveals to one or more of the other Participants in the Project License <br /> Settlement Negotiations with the reasonable expectation that it will be protected against <br /> 1 <br />